The applicants laid private informations against six police officers for assault and perjury arising from a 2006 incident involving the execution of a Feeney warrant.
After several pre-enquete hearings, the Crown intervened and stayed the charges, citing no reasonable prospect of conviction and no public interest.
The applicants sought an order of mandamus to compel the return of the informations and a new pre-enquete hearing.
The Superior Court dismissed the application, finding that the Crown had the statutory power to stay the proceedings under s. 579 of the Criminal Code and that there was no evidence of flagrant impropriety by the Crown to justify judicial interference.
